Frequently Asked Questions Q. Do I need to have an advance degree to become a legal nurse consultant? A. No.

There are no state requirements at present for becoming a LNC. Remember, however, that most attorneys would prefer working with a nurse who is comfortable working with attorneys and who has a good working knowledge of the law. Q. Exactly what do legal nurse consultants do? A. They analyze medical records for a variety of employers, including attorneys. They screen cases for litigation merit and assist with litigation for those chosen. In addition, the legal nurse consultant researches medical issues, locates expert witnesses, assist with depositions, and share their medical expertise in the legal arena. These are just some of the myriad of duties that the legal nurse consultant is prepared to perform, which may also include giving expert witness testimony. Q. What type of cases does the legal nurse consultant review and research? A. That depends on the nature of the work and cases involved, but generally speaking they work on both criminal and civil cases. These cases might involve toxic tort, medical device malfunctions, negligence, breach of duty, malpractice, and other types. Q. Can a legal nurse consultant start his/her own business doing legal nurse consulting work? A. Yes. Some are small firms operating out of their homes, some are partnerships, and a few are larger firms employing upwards of twenty-five legal nurse consultants. Q. I see where attorneys advertise that if they don t win the case they are not paid. Does that hold true for the legal nurse consultant? A. Each legal nurse consultant negotiates a contract with the attorney or law firm that your fee is paid regardless of outcome or whether the case proceeds to trial or not.

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I am afraid of speaking in public, and would have a great fear of testifying. Is it common practice for legal nurse consultants to testify?

A. Not at all. That is the type of decision you will make when you set up your consulting business. You may choose only to work in a consulting capacity working behind the scenes, or you may decide to become an expert witness in areas where you have developed expertise. Q. I heard that legal nurse consultants can make upwards of $200,000/year. Is there any truth to that boast? A. Legal nurse consultants are not ethically allowed to advertise their fees. Some variables are the location of the practice, the number of clients and the amount of work available during the year. Other variables include the business acumen of the legal nurse consultant, whether in a partnership of group, and what duties the practice is geared towards. For a less cryptic answer you might try reaching out to LNCs in your area. Most are very happy to share their knowledge with would be LNCs. Q. I was subpoenaed to testify in an allegation of negligence once and was asked to leave the court and wait in the hall. I thought all witnesses were allowed to view the proceedings. Is that not true? A. Sounds like one of the parties invoked the Rule of Sequestration: a common law rule that could be invoked by parties to a legal proceeding to exclude non-party witnesses from listening in on what other witnesses testified to. This common law rule has been codified as Florida Statute 90.616 ( Exclusion of witnesses ) and states in relevant part that At the request of a party the court shall order [...] witnesses excluded from a proceeding so that they cannot hear the testimony of other witnesses. Q. As a legal nurse consultant, what percent of the cases I work on will actually make it to trial? A. Traditionally only about 10-15% of cases actually make it to trial. The other 85-90% of cases settle before trial. Upon the recommendation of the legal nurse consultant many cases will not be pursued by the lawyer or law firm.

Q. Are there other venues in which the legal nurse consultant works outside of law firms? A. Yes. Some legal nurse consultants work only for insurance companies. Some work only in risk management departments in hospitals, longterm care facilities, penal institutions, and the like. Wherever the work requires the skills of a nurse with knowledge of law you ll generally find a legal nurse consultant.